Is a determination that the insured was liable a prerequisite to recovery by the third party claimant against the liability insurer?

We think it unquestioned and unquestionable that a determination at some point that the insured was liable is a prerequisite to recovery by a third party claimant against a liability insurer. In the first place a policy of liability insurance is an indemnity contract in respect to which the insurer generally has no liability unless its insured was liable for the claimant's injury. (Heninger v. Foremost Ins. Co., supra, 175 Cal.App.3d 830, 833-834, 221 Cal.Rptr.

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